Attorney Mark D. Zuckerman, writing on behalf of both the Corporation Counsel of the City of New York and SeanPaul “Long Island Audit” Reyes (LIA), sent a letter on Thursday to Judge Jessica G.L. Clarke that all parties had agreed to a stay in the discovery process.
Zuckerman’s letter indicated that both sides agreed to a partial stay of the discovery process, delaying requests for admission until April 5, 2024. The parties asked Judge Clarke to approve the delay as it will free up resources on both sides as they await the Court’s decision on the pending motion to dismiss by the defense and for an appeals court to rule on a preliminary injunction issued by the Court.
LIA is suing the City of New York over a policy preventing filming withing NYPD facilities in the city. The YouTuber claims that his multiple trespassing arrests for violating the policy were illegal as they violate both New York City and New York State’s “Right to Record” laws, which he claims supersede previous laws and give citizens the right to record within public areas of police facilities.
Judge Clarke issued a preliminary injunction on the policy in mid-fall of 2023 which was stayed by an almost immediate appeal by the defense in the case. The appeal has lingered for months now while the defense has switched leadership with Zimmerman coming on the case at the start of the year.
If approved, the stay will result in a temporary delay in the discovery process, with responses due on April 5, 2024.
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